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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2019.10.10 2019노3150
공갈등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The victim C made a statement that corresponds to this part of the facts charged at the investigative agency and the court of original instance, and the victim C’s husband and employee P’s statement also supported this part of the facts charged. According to the above statements, etc., it is sufficiently recognized that the Defendant took money of the victim C as stated in this part of the facts charged. Nevertheless, the lower court acquitted the Defendant of this part of the facts charged, thereby adversely affecting the conclusion of the judgment. 2) The victim D made a statement that corresponds to this part of the facts charged at the investigative agency and the court of original instance, and the victim D made a statement that corresponds to this part of the facts charged, and the victim D’s partner B’s statement also supported this part of the facts charged.

According to the above statements, it is sufficiently recognized that the defendant acquired the victim D's money as stated in this part of the facts charged.

Nevertheless, the lower court rendered a not guilty verdict on this part of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment and two years of suspended sentence) is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. A. On March 13, 2018, the judgment on the argument about the conflict with the victim C is 1). On March 13, 2018, the summary of this part of the facts charged is as follows: (a) around March 21, 2018, the Defendant: (b) around March 13, 2018, at the main point of “K,” operated by the victim C (W. 37 years old) on the first floor under the J of Snju-si, J. 13, 2018, “Korea Mar. 13, 2018. Our Mar. 2, 201; (c) there are three or more me, and there is no money.” (d) the Defendant demanded to use the money, and (d) the Defendant seems to have been able to use it as a organized member, and (e) was fright by giving the victim an attitude to drinking it.

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